Will a Gun Charge Ruin My Record? Not If You Fight It.

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

Being charged with a gun crime in Pennsylvania doesn’t automatically mean your life is over. It doesn’t necessarily mean you’re going to prison. And it certainly doesn’t mean you’ll never be able to move forward.

Yes, gun charges are serious. But they’re also often defensible. And with the right legal strategy, you may be able to avoid a conviction, protect your record, and keep your future on track.

Here’s what you need to know—and why the smartest thing you can do right now is get a lawyer who knows how to fight.

1. You Are Not Convicted Just Because You Were Charged

A gun arrest is not the same as a conviction. The police may have overreached. The stop may have been illegal. The gun may not have been yours.

Until and unless the Commonwealth proves its case in court beyond a reasonable doubt, you still have every opportunity to win—through suppression motions, trial, or negotiation.

2. There Are Real Paths to Avoid a Record

Depending on your background and the facts of your case, your lawyer may be able to:

Get the charges dropped
Win a motion to suppress the firearm due to an illegal search
Negotiate for a dismissal or diversion (like ARD or AFD in some cases)
Fight the case at trial and get an acquittal

And if you beat the case, you may be eligible to expunge the record entirely.

3. Even a Conviction Isn’t Always the End

Let’s say things don’t go perfectly, and a conviction happens. That still doesn’t mean it’s over. You may still be able to:

Appeal the case if your rights were violated
File for a pardon in the future, especially if this is a first offense
Clear your record later through post-conviction litigation

We’ve helped clients get their rights back years after a conviction—but the best time to fight is now.

4. Don’t Plead Guilty Without Exploring Your Options

Prosecutors may try to scare you into a guilty plea. Don’t take the bait. There is often far more room to fight than people realize:

Was the stop or search unconstitutional?
Was the gun really yours?
Did the officers follow the rules?
Do the elements of the charge even apply to your situation?

You won’t know unless an experienced attorney thoroughly reviews the case.

5. You Only Get One Record—Protect It

Your criminal record can affect:

Job opportunities
Professional licenses
Housing and immigration status
Future police encounters

But a smart, strategic defense can often prevent it from getting on your record in the first place.

Facing gun charges or appealing a criminal case in Pennsylvania?

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.

Zak Goldstein 4/13/25 Zak Goldstein 4/13/25

What’s the Difference Between VUFA 6106, 6108, and 6105 in Pennsylvania?

Criminal Defense Lawyer Zak Goldstein — Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you’ve been charged with a gun offense in Philadelphia, you may have seen multiple statutes listed on your charging documents. They could include VUFA § 6106, § 6108, and § 6105. These numbers refer to different sections of Pennsylvania’s Uniform Firearms Act, and they carry very different consequences.

Understanding the difference between them is critical to defending your case and protecting your record.

1. 18 Pa.C.S. § 6106 – Carrying a Firearm Without a License
This is the most commonly charged gun offense in Pennsylvania. It makes it a felony to carry a concealed firearm without a valid license outside your home or fixed place of business. It applies to carrying a firearm in a car without a license.

Key facts:
- Charged when someone allegedly possesses a concealed weapon in public or in a car without a license to carry.
- Applies even if the person has no prior record.
- Felony of the third degree unless the person is otherwise eligible to carry a firearm (meaning they do not have any prior record and are not charge with any other crimes). In Philadelphia, it is almost always a felony of the third degree because the defendant will typically be charged with VUFA § 6108 at the same time.

Example: Police find a gun in your waistband during a stop-and-frisk, and you do not have a valid concealed carry license.

2. 18 Pa.C.S. § 6108 – Carrying a Firearm on the Streets of Philadelphia
This statute applies only within the City of Philadelphia. It prohibits carrying a firearm in public without a license. It does not matter if the gun is concealed. It makes open carry without a license illegal in Philadelphia even though open carry is legal in the rest of the state.

Key facts:
- Often charged in addition to VUFA 6106, thereby making § 6106 a felony instead of a misdemeanor.
- Covers walking with a gun on your person in Philly.
- Misdemeanor of the first degree.

Example: Police stop you while walking in North Philadelphia and recover a gun from your jacket. You don’t have a license to carry.

3. 18 Pa.C.S. § 6105 – Persons Not to Possess Firearms
This is the most serious of the three. § 6105 makes it a felony of the first or second degree (depending on whether the gun is physically on you) for certain individuals to possess firearms at all. It is based on prior convictions or legal disqualifications. Most prior felony convictions will cause § 6105 to be graded as a felony, but juvenile adjudications and active PFA orders will typically make it a misdemeanor.

Who’s covered by 6105?
- People with certain felony or misdemeanor convictions
- People subject to active protection from abuse (PFA) orders
- Individuals with certain mental health commitments or juvenile adjudications

Example: You have a felony record and are found in possession of a firearm. You may may be charged with VUFA § 6105 as a felony.

4. Why Are These Charges Often Filed Together?
In Philadelphia, prosecutors frequently charge multiple gun statutes at once even for a single firearm. You might see:
- § 6106 (carrying without a license)
- § 6108 (carrying in public in Philadelphia)
- § 6105 (if you’re legally prohibited)

This approach gives the Commonwealth backup charges if the primary one falls apart at trial or at a suppression hearing.

5. Do These Charges Merge at Sentencing?
Usually, VUFA 6105, 6106, and 6108 do not merge at sentencing because they involve distinct elements. That means a person could theoretically receive consecutive sentences even though all three charges stem from the same conduct and from possession of only one gun.

6. How Do We Defend These Charges?
Defense strategies depend on the facts and the statute:

For 6106 and 6108, we often challenge:
- The legality of the stop or search
- Constructive possession
- Intent or knowledge
- Whether any of the exceptions apply (working as a security guard, hunting, travel to a shooting range, license to carry recently revoked or notice not properly given, etc.)

For 6105, we may:
- Challenge the underlying disqualifying conviction
- Litigate whether the statute applies based on out-of-state priors
- Seek constitutional defenses where appropriate (such as whether the application of the statute is constitutional)
- Many of the same defenses that apply to § 6106 and § 6108 may apply to a § 6105 charge

Facing 6106, 6108, or 6105 Charges? You Need a Targeted Defense.
Every gun statute in Pennsylvania carries different penalties, defenses, and evidentiary issues. At Goldstein Mehta LLC, we understand the nuances of each one—and we’ve beaten them in court through motions to suppress, pretrial litigation, and trial advocacy.

If you’ve been charged with any firearm offense in Philadelphia, call us today for a free consultation. We’ll break down the charges, explore your options, and fight to protect your freedom and your record. Call 267-225-245 for a free criminal defense strategy session and to find out how we can help.

Facing criminal charges or appealing a criminal case in Pennsylvania?

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Can I Beat a VUFA § 6106 Charge If I Didn’t Know About the Gun?

Zak Goldstein - Gun Charges Lawyer in Philadelphia — Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

Many people are arrested and charged with carrying a concealed firearm without a license (VUFA § 6106) even when the gun wasn’t actually on them. It may have been found in a car, a bag, or a house that actually belonged to someone else. In these cases, the prosecution proceeds based on the idea of constructive possession. But constructive possession can be confusing. Naturally, many clients ask:

“If the gun wasn’t mine, and I didn’t even know it was there, how can they charge me?”

The answer lies in a concept called constructive possession, and beating a VUFA 6106 charge in this situation often depends on whether the Commonwealth can prove that you knew about the gun and intended to control it.

1. What Is 18 Pa.C.S. § 6106?
Section 6106 makes it a crime to carry a concealed firearm without a valid license outside your home or place of business. If you actually have the gun on your person, and you don’t have a license, that’s a clear-cut 6106 violation. But many cases involve constructive possession, meaning the gun was not on the defendant directly. The statute also makes it a crime to have a gun in a car without a license. But again, if someone else left a gun in the car and you didn’t know about it, how were you supposed to avoid getting charged?

2. What Is Constructive Possession?
Constructive possession means that you didn’t physically have the gun on you, but you had:
- Knowledge that it was there, and
- The intent and ability to control it

It is not enough to just know about it or be near it. You have to known about it AND have the intent and power to control the gun. Constructive possession really means that the gun is basically yours - even if you don’t permanently or legally own it.

3. So How Do You Beat a Constructive Possession Case?
The key defense is lack of knowledge and control. Your lawyer’s goal is often to show reasonable doubt that you even knew the gun was there, let alone that you intended to possess it.

Potential defense strategies we may use could include:
- Shared access: The gun was in a car or home shared by multiple people, so it did not belong to the defendant.
- No fingerprints or DNA: There is no objective, forensic evidence tying you to the weapon.
- No incriminating statements: You didn’t admit to ownership or control. In fact, you may have expressed surprise that it was there and been very cooperative with the officer. For example, why would someone consent to a search if they knew the police were going to find an illegal gun?
- Bad stop or search: Your rights were violated during the stop, and we attorney can file a motion to suppress and ask the judge to exclude the evidence.

4. The Commonwealth Has the Burden of Proof
The DA must prove every element of the offense beyond a reasonable doubt. This means they must prove that you knowingly possessed the gun. If you never touched the weapon, never claimed it, and there’s no forensic or circumstantial evidence linking you to it, a judge or jury may find the case too weak to convict if the gun could have been possessed by someone else.

5. Real-Life Examples Where Constructive Possession Fails
Pennsylvania courts have repeatedly held that mere proximity to a gun is not enough. Examples of defense wins include:
- A gun under the seat in a car with multiple occupants
- A firearm found in a house where the defendant was merely present
- A bag with a gun placed near the defendant but with no evidence of ownership

Each of these scenarios presents an opportunity to argue that the Commonwealth failed to meet its burden.

6. Don’t Assume You Have to Plead Guilty
Just because you’re charged with a VUFA § 6106 violation doesn’t mean the case is open-and-shut. The law gives you the benefit of the doubt, and your lawyer’s job is to hold the Commonwealth to its burden of proving every element of the offense beyond a reasonable doubt.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Criminal Defense Lawyer Zak Goldstein Arguing in the PA Supreme Court — Goldstein Mehta LLC Criminal Defense Lawyers

Zak Goldstein 4/13/25 Zak Goldstein 4/13/25

What Happens at a Motion to Suppress Hearing in a Gun Case?

Criminal Defense Lawyer Zak Goldstein Arguing in the Supreme Court of Pennsylvania — Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

If you're facing a gun charge in Philadelphia, one of the most important tools your defense attorney may use in fighting your case is a motion to suppress. But what is a suppression hearing, and how can it help you beat the case?

In many gun prosecutions, the Commonwealth’s entire case rests on the existence of the firearm itself. Without evidence that the police recovered a firearm, the prosecution would be completely unable to proceed with the case. If your defense lawyer can show that the police violated your constitutional rights under the state or federal constitutions when they found and/or recovered the gun, the judge may rule the evidence inadmissible. In many cases, that leaves the Commonwealth with no choice but to drop the charges because they cannot proceed without the ability to introduce evidence that the police found a gun.

Here’s what you can expect at a suppression hearing and why it’s such a critical step in fighting a gun case.

1. What Is a Motion to Suppress?
A motion to suppress is a formal request asking the trial judge to exclude evidence. Most motions to suppress allege that law enforcement obtained the evidence in violation of the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution. Both provisions protect against unreasonable searches and seizures, and the Pennsylvania Constitution provides even stronger protections than the United States Constitution.

In gun cases, a motion to suppress typically targets:
- The stop or detention by police
- The search of your person, vehicle, or home
- Statements or physical evidence (like a firearm) obtained illegally

If the stop or search was unconstitutional, the gun may be suppressed. This will typically defeat the government’s case.

2. What Happens During the Suppression Hearing?
A suppression hearing is a pretrial proceeding held in front of the judge. The judge will make findings of fact and issue conclusions of law. It takes place before trial, and there will not be a jury even in a case for which the defendant has decided to have a jury trial. Here's what to expect:

a. The Commonwealth Presents Evidence
- The police officers who conducted the stop or search will usually testify about what happened.
- The DA may introduce body cam footage, radio calls, or police paperwork to try to justify the search or further explain what happened.

b. Your Lawyer Cross-Examines the Officers
- A skilled defense attorney will probe inconsistencies, challenge the officer’s observations, and expose any unlawful police conduct through cross-examination. Your lawyer may also call defense witnesses to testify or present evidence for the defense.

c. Legal Argument
- After the Court hears the testimony, both sides will usually argue whether the search or stop complied with the law. Some judges may ask for written briefs and hold the matter under advisement so that the Court has time to think about it and conduct its own research if necessary.

3. Common Suppression Issues in Gun Cases
Gun charges in Philadelphia often involve questionable stops, detentions, frisks, and searches of motor vehicles. Some of the most common suppression issues include:
- Unlawful car stops without a real traffic violation (for example, false allegations of window tint or reckless driving)
- Pre-textual stops based only on location (e.g., “high crime area”)
- Frisks without reasonable suspicion of a weapon - this is particularly common in cases involving warrantless searches of cars
- Searches based on nervousness, avoiding contact with the police, or presence in a group (again usually in a “high crime area”)

4. What Happens If the Judge Suppresses the Gun?
If the judge grants the motion to suppress:
- The gun is excluded from evidence
- The DA usually cannot proceed without it
- Charges are often withdrawn or dismissed

5. Do I Need to Testify at the Hearing?
Usually, you would not have to testify at a suppression hearing. In most cases, the hearing is focused on police conduct, and your lawyer can make the necessary arguments based on the officers’ testimony and any available evidence. There are some cases where it may be necessary for the defendant to testify. In some cases, the defendant may need to establish that they had a reasonable expectation of privacy in the area searched. Or, the officer may not have been wearing a body cam, so the facts may be in dispute.

6. The Right Lawyer Can Win Your Gun Case Before Trial
Suppression hearings are one of the best opportunities to win a gun case before it ever goes to trial. At Goldstein Mehta LLC, we’ve litigated hundreds of suppression motions in state and federal court. We have won many cases by proving that police crossed the line.

Facing criminal charges or appealing a criminal case in Pennsylvania?

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